Court
First Trump trial witness continues testimony
Former National Enquirer publisher David Pecker's second day of testimony provided further evidence that he worked as Trump's "eyes and ears" to suppress stories which could have hurt the businessman-turned-politician's presidential bid.
New York prosecutors have charged Trump with falsifying business records to cover up that activity, which they say corrupted the election. Trump has pleaded not guilty. Pecker does not face charges.
Pecker, 72, testified that American Media, the Enquirer's owner, paid to buy two damaging stories. The tabloid did not run either story but ensured that rivals would not publish them either – a practice known as "catch and kill."
Pecker said he alerted Trump's lawyer Michael Cohen when he heard that a person highlighted in one of the stories was looking to sell that story in the weeks before the election.
Pecker said he was not interested in paying at that point because he had already paid for the stories.
"I thought it should come off the market, and if anyone was going to buy it, Michael Cohen and Donald Trump should buy it," Pecker said.
Pecker said Cohen pressed him to buy the story, but Pecker testified he did not want to be involved.
Cohen has said he ultimately paid the person $130,000 to stay silent and was reimbursed $420,000 by Trump after the election. Trump faces 34 felony counts of falsifying business records for labelling his payments to Cohen as legal fees.
Before that, Pecker testified, American Media bought one story and signed an agreement to use a shell company to secretly sell it on to Trump.
Pecker said he called off the deal after speaking with a company lawyer.
"Michael Cohen said, 'The boss is going to be very angry with you.' And I said, 'I'm sorry, I'm not going forward, the deal is off'," Pecker testified.
"He was very angry, very upset, screaming, basically, at me," Pecker said of Cohen.
Pecker said Trump was angered when Pecker allowed that person to speak to news media after the Wall Street Journal revealed the hush money deal.
"He was very upset. He couldn’t understand why I did it,” Pecker testified.
That person is expected to testify later in the trial.
Hush money payments themselves are not illegal, and Trump's lawyers have argued the payout was personal and unrelated to his campaign.
Prosecutors say the payment was a campaign expense that should have been disclosed, and that Trump’s arrangement with the Enquirer deceived voters by suppressing alleged damaging stories.
'Electoral fraud'
Pecker testified that he did not notify federal election officials of the payment, even though he knew that campaign expenditures made in coordination with candidates must be reported.
The Enquirer's editor, Dylan Howard, appeared to be aware of the conflict as well. "At least if he wins, I'll be pardoned for electoral fraud," Howard said in a text message prosecutors have asked to show jurors.
American Media admitted to campaign finance violations in 2018 in a deal with the Justice Department that averted prosecution and required them to cooperate with the probe.
The trial is the first of a former US president and carries political risks for Trump as he prepares for a November election rematch with US President Joe Biden and fends off three other criminal indictments, to which he has also pleaded not guilty.
As Trump watched Pecker testify in New York, the US Supreme Court heard Trump's arguments that he is immune from prosecution for actions taken as president. Justice Juan Merchan denied Trump's request to attend the Supreme Court arguments.
Merchan has imposed a limited gag order on Trump that bars him from publicly attacking witnesses, jurors and other people close to the case, including court staff and their families.
Merchan has not yet ruled on a request by prosecutors to punish Trump for violating that order.
Trump has said the gag order violates his right to free speech and says he is being treated unfairly by Merchan.
